dismissed H-1B Case: Public Relations

U.S. Department of Homelartd Securitj 
20 Mass. Ave. N.W., Rrn. A3042 
Wash~ngton, DC 20529 
n4entifging dab deleted to U.S. Citizenship 
prevent clearly unwarranted and Immigration 
lnvaraion of persooat prfv~ 
PUBLIC COPY 
FILE: EAC 02 14 1 54593 Office: VERMONT SERVICE CENTER Date: u,: 0 3 2005 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section I0 l(a)( lS)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 10 l(a)( l5)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned 
to the office that originally decided your case. Any further inquiry must be made to that office. 
Robert P. Wiemann, Director 
Administrative Appeals Office 
EAC 02 141 54593 
Page 2 
DISCUSSION: The director denied the nonimmigrant visa petition and the matter is now before the 
Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. The petition will be 
denied. 
The petitioner is a restaurant and bar that seeks to employ the beneficiary as a public relations manager. 
The petitioner, therefore, endeavors to classify the beneficiary as a nonirnrnigrant worker in a specialty 
occupation pursuant to section 101 (a)(lS)(H)(i)(b) of the Immigration and Nationality Act (the Act), 
8 U.S.C. 5 1 lOl(a)( 1 S)(H)(i)(b). 
The director denied the petition on the basis that the petitioner had failed to establish that the proposed 
position meets the definition of a specialty occupation as set forth at 8 C.F.R. # 2 14.2(h)(4)(iii)(A). 
Section 214(i)(l) of the Immigration and Nationality Act (the Act), 8 U.S.C. # 1184(i)(l), defines the term 
"specialty occupation" as an occupation that requires: 
(A) theoretical and practical application of a body of highly specialized knowledge, 
and 
(B) attainment of a bachelor's or higher degree in the specific specialty (or its 
equivalent) as a tninimum for entry into the occupation in the United States. 
The term "specialty occupation" is further defined at 8 C.F.R. 5 214.2(h)(4)(ii) as: 
[A]n occupation which requires theoretical and practical application of a body of highly 
specialized knowledge in fields of human endeavor including, but not limited to, 
architecture, engineering, mathematics, physical sciences, social sciences, medicine and 
health, education, business specialties, accounting, law, theology, and the arts, and which 
requires the attainment of a bachelor's degree or higher in a specific specialty, or its 
equivalent, as a minimum for entry into the occupation in the United States. 
Pursuant to 8 C.F.R. 5 214.2(h)(4)(iii)(A), to qualify as a specialty occupation, the position must meet one of 
the following criteria: 
(I) A baccalaureate or hgher degree or its equivalent is normally the minimum 
requirement for entry into the particular position; 
(2) The degree requirement is common to the industry in parallel positions among 
similar organizations or, in the alternative, an employer may show that its particular 
position is so complex or unique that it can be performed only by an individual with 
a degree; 
(3) The employer normally requires a degree or its equivalent for the position; or 
(4) The nature of the specific duties is so specialized and complex that knowledge 
required to perform the duties is usually associated with the attainment of a 
baccalaureate or higher degree. 
EAC 02 14 1 54593 
Page 3 
Citizenship and Immigation Services (CIS) interprets the term "degree" in the criteria at 8 C.F.R. 
214.2(h)(4)(iii)(A) to mean not just any baccalaureate or higher degree, but one in a specific spec:ialty 
that is directly related to the proposed position. 
The record of proceeding before the AAO contains (I) the Form 1-129 and supporting documentation; (2) the 
director's request for evidence (RFE); (3) the petitioner's RFE response and supporting documentation; 
(4) the director's denial letter; and (5) the Form I-290B and supporting documentation. The AAO reviewed 
the record in its entirety before issuing its decision. 
The petitioner's letter of support offered the following information regarding the proposed position: 
Among the many community-based initiatives we have sponsored, the Jaded Lounge 
Program is one of our most successful and continuing programs. . . . 
For a period of 18 months, [the beneficiary] assisted in setting up the Jaded Lounge program 
and participating in the presentations as well. Preparing the Jaded Lounge monthly program 
requires effort and organization to make the event successful. The presenters must be 
located, the agenda must be organized, and the event must be advertised. Additionally, it all 
must happen early enough to ensure a successhl attendance. I was previously responsible 
for setting up the Jaded Lounge Program and our other community initiatives. However, the 
responsibilities became overwhelming as our events gained popularity. Therefore, we made 
a corporate decision to hire a part time public relations manager to manage the Jaded Lounge 
Program and to pursue other interest activities on behalf of our corporation. 
As a part timethe beneficiary] will continue to organize the 
Jaded Lounge Program. h addition[,] he will assist in fund-raising efforts for non-profit 
organizations on behalf of our business. He will develop and pursue special projects 
designed to maintain our successful public image in the community, among other related 
duties. The minimum education requirement for this position is a Bachelor's Degree [sic] is 
the industry standard for a professional member to represent our interests, [as] it is important 
that the individual have the proper credentials for the position. The position will require 
contact with the public officials, the media, corporate executives, community agencies[,] and 
other professional demeanor and the credentials to go with it [sic]. 
The petitioner offered the following additional information in response to the director's request for evidence: 
The job duties for this position are sophisticated and relate directly to the public visibility of 
our business. It requires the ability to develop marketing strategies, formulate project 
ideas[,] and cany them out to completion. This is so whether it is the Jaded 
special events[,] or any other creative marketing ideas our 
mes up with. 
The director denied the petition, finding that the petitioner had satisfied none of the four criteria set forth at 
5 2 14.2(h)(4)(iii)(A), and therefore had not established that the proposed position qualifies for classifilsation 
as a specialty occupation. 
EAC 02 141 54593 
Page 4 
On appeal, the petitioner contends that the director erred in denying the petition, and that the proposed 
position is in fact a specialty occupation. 
In determining whether a proposed position qualifies as a specialty occupation, CIS looks beyond the title 
of the position and determines, from a review of the duties of the position and any supporting evidence, 
whether the position actually requires the theoretical and practical application of a body of highly 
specialized knowledge, and the attainment of a baccalaureate degree in a specific specialty, as the 
minimum for entry into the occupation as required by the Act. The AAO routinely consults the 
Department of Labor's Occupational Outlook Hundbook (the H(1n~lbook) for its information about the 
duties and educational requirements of particular occupations. 
As the petitioner has identified its proposed position as that of a public relations manager, the AAO turns 
first to the Hundbook7,v discussion of advertising, marketing, promotions, public relations, and sales 
managers. The Handbook states the following: 
Public relations managers supervise public relations specialists. (See the Handbook 
statement on public relations specialists.) These managers direct publicity programs to a 
targeted public. They often specialize in a specific area, such as crisis management - or 
in a specific industry, such as healthcare. They use every available communication 
medium in their effort to maintain the support of the specific group upon whom their 
organization's success depends, such as consumers, stockholders, or the general public. 
For example, public relations managers may clarify or justify the firm's point of view on 
health or environmental issues to community or special interest groups. 
Public relations managers also evaluate advertising and promotion programs for 
compatibility with public relations efforts and serve as the eyes and ears of top 
management. They observe social, economic, and political trends that might ultimately 
affect the firm and make recommendations to enhance the firm's image based on those 
trends. 
Public relations managers may confer with labor relations managers to produce internal 
company communications - such as newsletters about employee-management relations - 
and with financial managers to produce company reports. They assist company 
executives in drafting speeches, arranging interviews, and maintaining other forms of 
public contact; oversee company archives; and respond to information requests. In 
addition, some handle special events such as sponsorship of races, parties introducing 
new products, or other activities the firm supports in order to gain public attention 
through the press without advertising directly. 
As noted above, the Hundbook indicates that public relations managers supervise public relations 
specialists. The Hun~lbook offers the following information regarding the duties of public relations 
specialists: 
An organization's reputation, profitability, and even ~ts continued existence can depend 
on the degree to which its targeted "publics" support its goals and policies. Public 
relations specialists-also referred to as communications specialists and media 
specialists, among other titles-serve as advocates for businesses, nonprofit associations, 
universities, hospitals, and other organizations, and build and maintain positive 
EAC 02 141 54593 
Page 5 
relationships with the public. As managers recognize the growing importance of good 
public relations to the success of their organizations, they increasingly rely on public 
relations specialists for advice on the strategy and policy of such programs. 
Public relations specialists handle organizational hnctions such as media, community, 
consumer, industry, and governmental relations; political campaigns; interest-group 
representation; conflict mediation; or employee and investor relations. They help an 
organization and its public adapt mutually to each other. However, public relations are 
not only about "telling the organization's story." Understanding the attitudes and 
concerns of consumers, employees, and various other groups also is a vital part of the job. 
To improve communication, public relations specialists establish and maintain 
cooperative relationships with representatives of community, consumer, employee, and 
public interest groups, and with representatives from print and broadcast journalism. 
The Halzdbook states the following in regard to the educational qualifications required for public relations 
managers: 
A wide range of educational backgrounds is suitable for entry into advertising, marketing, 
promotions, public relations, and sales managerial jobs, but many employers prefer those 
with experience in related occupations plus a broad liberal arts background. A bachelor's 
degree in sociology, psychology, literature, journalism, or philosophy, among other 
subjects, is acceptable. However, requirements vary, depending upon the particular job. 
For marketing, sales, and promotions management posbions, some employers prefer a 
bachelor's or master's degree in business administration,with an emphasis on marketing. 
Courses in business law, economics, accounting, finande, mathematics, and statistics are 
advantageous. . . . 
For public relations management positions, some employers prefer a bachelor's or 
master's degree in public relations or journalism. The applicant's curriculum should 
include courses in advertising, business administration, public affairs, public speaking, 
political science, and creative and technical writing 
Most advertising, marketing, promotions, public relations, and sales management 
positions are filled by promoting experienced staff or related professional personnel. For 
example, many managers are former sales representatives, purchasing agents, buyers, or 
product, advertising, promotions, or public relations specialists. In small firms, where the 
number of positions is limited, advancement to a management position usually comes 
slowly. In large firms, promotion may occur more quickly. 
Finally, the Hur~clbook offers the following information regarding the educational background necessary 
for employnlent as a public relations specialist: 
'There are no defined standards for entry into a public relations career. A college degree 
combined with public relations experience, usually gained through an internship, is 
EAC 02 141 54593 
Page 6 
considered excellent preparation for public relations work; in fact, internships are 
becoming vital to obtaining employment. 
The proposed position seems to combine the duties of both a public relations manager and a public 
relations specialist. For example, the petitioner asserts that the beneficiary would direct the petitioner's 
fundraising activities and, in this sense, would in fact perform as a public relations manager. On the other 
hand, the Harzdbook clearly states, in its discussion of the duties of public relations managers, that such 
managers "supervise public relations specialists," a role that is not encompassed by the duties of the 
proposed position. 
However, the question of whether the duties more closely resemble those of a public relations manager or 
those of a public relations specialist is immaterial to the issue of whether the proposed position qualifies 
for classification as a specialty occupation under 8 C.F.R. ij 214.2(h)(4)(iii)(A)(l) - whether a baccalaureate 
or higher degree or its equivalent is normally the minimum requirement for entry - as neither position 
qualifies as a specialty occupation under this criterion. 
The Hundbook indicates that most public relations manager positions are filled on the basis of experience 
(most positions "are filled by promoting experienced staff or related professional personnel"). A broad range 
of baccalaureate degrees is acceptable to many employers. Moreover, the fact that some employers "prefer" 
a degree does not rise to the "normally required" provision imposed by the regulation. As such, public 
relations managers do not normally require a baccalaureate degree in a specialty as a minimum requirement 
for entry into the profession under the first criterion. 
Nor do public relations specialists normally qualify for classification as specialty occupations. Whrle the 
Hann'hook does say that a college degree is "excellent preparation" for a career in this field, it does not 
require a particular course of study as the minimum requirement; it specifically states that "[tlhere ;ue no 
defined standards for entry" into the field. Therefore, public relations specialists do not normally require a 
baccalaureate degree in a specialty as a minimum requirement under the first criterion, either. 
Thus, regardless of whether the proposed position is considered a public relations manager or a public 
relations specialist, it does not qualify for classification as a specialty occupation under 8 1Z.F.R. 
S; 2 14.2(h)(4)(iii)(A)(l). 
Nor does the proposed position qualify as a specialty occupation under either prong of 8 C.F.R. 
Q: 214.2(h)(4)(iii)(A)(2). The first prong of this regulation requires a showing that a specific degree 
requirement is common to the industry in parallel positions among similar organizations. 
submits two letters: one fromted May 20, 2003, and another from 
ated September 6, 2002,' and contends that these letters prove that the petitioner's degree 
requirement is an industry standard. Counsel, however, has failed to consider the specific requirements at 8 
C.F.R. Q; 214.2(h)(4)(iii)(A)(2) for establishing a baccalaureate or higher degree as an industry norm. To 
meet the burden of proof imposed by the regulatory language, a petitioner must establish that its degree 
requirement exists in parallel positions among similar organi~ations. The petitioner must also establish that 
the degree requirement be in a related specialty. , 
' The AAO notes that the letter frumwas already contained in the record of proceeding; counsel also 
subrnitted this letter in response to the director's request for evidence. 
EAC 02 141 54593 
Page 7 
The writers of both letters assert that bachelor's degrees are required for entry into the fieldtates 
that she "would in no instance hire someone without a college degree for any job in public relations. . . ." 
While she states that it is important that the person have a degree in liberal arts, journalism, marketing, 
communications, or a related specialty, she states that when hinng, she looks for a college degree, without 
specifying the field of study required.-tes the following: 
As a final point, I wanted to confirm that I would never consider hiring a public 
relations/marketing or advertising specialist who did not possess a bachelor's degree. This is 
not a personal preference. It is the industry standard. I am in regular contact with my peers 
in advertising agencies throughout the country. I can confirm, without hesitation, that a 
[b]achelor's degree is the minimum requirement for an entry[-]level position in our industry. 
If a business can afford to hire a professional, it is appropriate to hire an individual whose 
credentials are consistent with [the] industry standard. 
es not indicate that the degree need be in any particular specialty. Thus, neither letter establishes 
- a degree requirement in a specialty as an industry standard. 
Neither author offers any evidence, such as surveys, industry studies, or other documentary evidence to 
support their assertions. Moreover, no evidence has been presented to establish that the author of either letter 
works in an organization similar in scope or scale of operations to the petitioner, a restaurant and bar with 2 1 
employees. Simply going on record without supporting documentary evidence is not sufficient for 
purposes of meeting the burden of proof in these proceedings. Mutter of Soij'ici, 22 I&N Dec. 158, 165 
(Comm. 1998) (citing Mutter cg 7rcust~r-e Craft of Cullfbrnia, 14 I&N Dec. 190 (Reg. Comm. 1972)). 
CIS may, in its discretion, use as advisory opinions statements submitted as expert testimony. However, 
where an opinion is not in accord with other information or is in any way questionable, CIS IS not 
required to accept or may give less weight to that evidence. Mutter qf'Caron lnternc~tional, 19 I&N Dec. 
79 1 (Comm. 1988). 
The second prong of 8 C.F.R. 6 214.2(h)(4)(iii)(A)(2) requires the petitioner to prove that the duties of the 
proposed position are so complex or unique that only an individual with a degree can perform them. The 
duties of the proposed position do not support such a finding, as they are quite similar to those of public 
relations managers and public relations specialists, as discussed in the Handbook, which do not require a 
degree in a specialty. The record contains no documentation to support a finding that the proposed position is 
more complex or unique than public relations managers or public relations specialists at other, similar 
organizations. 
Therefore, the petitioner cannot establish that the proposed position qualifies as a specialty occupation under 
either prong of 8 C.F.R. 3 214.2(h)(4)(iii)(A)(2). 
Nor does the proposed position qualify as a specialty occupation under 8 C.F.R. 3 214.2(h)(4)(iii)(A)(3), 
which requires a showing that the petitioner normally requires a degree or its equivalent for the proposed 
position. To determine a petitioner's ability to meet this criterion, the AAO normally reviews the petitioner's 
past employment practices, as well as the histories, including names and dates of employment, of those 
enlployees with degrees who previously held the position, and copies of those employees' diplomas. No 
evidence has been submitted, nor has the petitioner contended, that the position qualifies as a specialty 
occupation under this criterion. 
EAC 02 141 54593 
Page 8 
It does not appear as though the petitioner has ever hired anyone to fblfill the duties of the proposed position, 
which would preclude approval of the petition under this criterion. The AAO does note that counsel asserts 
on appeal that the owner of the petitioning entity has been performing the duties to be performed by the 
beneficiary. However, no evidence is presented regarding the owner's educational background. 
Accordingly, the proposed position does not qualify as a specialty occupation under 8 C.F.R. 
5 2 14.2(h)(4)(iii)(A)(3). 
Finally, the AAO turns to the criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(#) - that the nature of the specific 
duties is so specialized and complex that knowledge required to perform the duties is usually associated 
with the attainment of a baccalaureate or higher degree. 
To the extent that they are depicted in the record, the duties do not appear so specialized and complex as 
to require the highly specialized knowledge associated with a baccalaureate or higher degree, or its 
equivalent, in a specific specialty. Again, there is no information in the record to support a finding that the 
proposed position is more complex or unique than public relations managers or public relations specnalists 
in other, similar organizations. Therefore, the evidence does not establish that the proposed position is a 
specialty occupation under 8 C.F.R. 5 2 14.2(h)(4)(iii)(A)(4). 
The proposed position does not qualify for classification as a specialty occupation under any of the four 
criteria set forth at 8 C.F.R. $5 214,2(h)(4)(iii)(A)(l), (2), (3), and (4), and the director was correct to 
deny the petition. 
The petitioner has failed to establish that the position qualifies for classification as a specialty occupation. 
Accordingly, the AAO will not disturb the director's denial of the petition. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 
9 136 1. The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed. The petition is denied.